How A Law Is Passed

T H E U . S .
G OV E R N M E N T
HOW I T WOR K S
HOW A LAW IS PASSED
T H E U . S . G OV E R N M E N T
HOW I T WOR K S
TH E CENTRAL I NTELLI G EN CE AG EN CY
TH E D EPARTM ENT O F H O M EL AN D SECU RIT Y
T H E F ED ER A L B U R E AU O F I N V E S T I GATI O N
TH E H I STO RY O F TH E D EM O CR ATI C PART Y
T H E H I S TO RY O F T H E R EP U B LI CA N PAR T Y
TH E H I STO RY O F TH E TH I R D PARTI E S
TH E H O US E O F R EP R E S ENTATIVE S
H OW A L AW I S PA S S ED
H OW TH E CO NSTITUTI O N WA S CR E ATED
H OW TH E PRE SI D ENT IS ELEC TED
TH E I M PE ACH M ENT PRO CE S S
T H E P R E S I D EN CY
TH E SENATE
T H E SU P R EM E CO U R T
T H E U . S . G OV E R N M E N T
HOW I T WOR K S
HOW A LAW
IS PASSED
BI L L S C H E PPL E R
How a Law Is Passed

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Library of Congress Cataloging-in-Publication Data
Scheppler, Bill.
How a law is passed / Bill Scheppler.
p. cm. (The U.S. government: how it works)
Includes bibliographical references and index.
ISBN-13: 978-0-7910-9466-2 (hardcover)
ISBN-10: 0-7910-9466-9 (hardcover)
1. LegislationUnited States. 2. Legislative bodiesUnited
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contents
1
There Oughta Be a Law . . . . . . . . . . . 7
How Congress Is Organized . . . . . . . . 10
Introducing New Legislation
Consideration by Committee . . . . . . . 36
Initial House Action . . . . . . . . . . . . . 47
Senate Review . . . . . . . . . . . . . . . . 59
Final Congressional Approval . . . . . . . 69
Presidential Action . . . . . . . . . . . . . 80
. . . . . . . 24
Glossary . . . . . . . . . . . . . . . . . . . 93
Bibliography . . . . . . . . . . . . . . . . . 97
Further Reading . . . . . . . . . . . . . . . 98
Picture Credits . . . . . . . . . . . . . . . . 99
Index . . . . . . . . . . . . . . . . . . . . .100
About the Author . . . . . . . . . . . . . .103
1
There Oughta
Be a Law
T
here ought to be a law requiring a new section of the

Internet for kids onlylike the childrens areas they
have in libraries! The only information, pictures, and media available would be kid friendly, and people who know
what kids like would pack the section with new stuff. Any
content for adults would be banned, and if it showed up,
someone would remove it. Finally, if there were ways to
chat with other kids or post comments and photos on a
site, someone would keep an eye on that, too, and kick
out any grown-ups.
Guess what? That law exists. In 2002, President
George W. Bush signed into law the Dot Kids Implementation and Efficiency Act. This law requires a government
HOW A LAW IS PASSED
President George W. Bush (sitting) signed into law new

legislation creating the kid-safe Dot Kids Internet domain on
December 4, 2002. The domain is intended to contain only
material that is appropriate for children under 13.
organization called the National Telecommunications

and Information Administration (NTIA), part of the
U.S. Department of Commerce, to create a special Internet subdomain dedicated to kids that only features
content safe for children under 13 years of age. In addition to building the section, the NTIA is responsible
for defining kid-friendly standards, creating a process
for monitoring the content and interaction on the site,
and resolving standards violations by immediately deleting content and banning users. NTIA launched Kids
.us (www.kids.us) in September 2003.
THERE OUGHTA BE A LAW
How did the Dot Kids Implementation and Efficiency

Act become law? On March 4, 2002, Representative John
Shimkus introduced bill H.R.3833 to the House of Representatives. The bill was referred to the House Committee
on Energy and Commerce, which subsequently referred
it to the subcommittee on Telecommunications and the
Internet. The committee reported the bill on May 8, and
the House voted to pass it on May 21. On May 22, the
Senate received the approved bill and referred it to the
Committee on Commerce, Science, and Transportation,
which in turn referred it to the subcommittee on Science,
Technology, and Space. The committee recommended the
act to the Senate on November 13, and the Senate passed
the legislation the same day with one amendment. The
House approved the Senate amendment on November 15
and presented the act to the president on November 26.
On December 4, 2002, the president signed H.R.3833, enacting it as Public Law 107-317.
This is a quick overview of how one law was passed
in the United States government. It is a process that is
easy to grasp on the surface but becomes more complex
as you learn about the legislature and the wide variety
(not to mention high volume) of bills introduced to Congress each year. This book takes you step by step along a
bills path to becoming law and introduces you to all the
participants who play a role in the process. So, the next
time you have an idea that oughta be a law, you will
know how to take the first step.
2
How Congress
Is Organized
T
he United States federal government is made up of

three unique branches: executive, legislative, and judi-
cial. Working together, the three branches form a powerful system for evolving our countrys laws to meet new
challenges while upholding the rights and responsibilities
guaranteed by the U.S. Constitution. Working independently, no single branch is stronger than the other two,
which ensures a balance of power and renders all three
equally important. The legislative branch of the U.S. federal government is called Congress. This is the branch
responsible for introducing and preparing legislation that
may become new law.
10
HOW CONGRESS IS ORGANIZED
11
As established by Article I of the Constitution, Congress

is divided into two distinct yet complimentary parts: the
House of Representatives, in which each member represents a relatively equal number of citizens; and the Senate,
where delegates represent the entire state from which they
are elected. Each body of Congress appoints its own leaders
and functions by its own rules, but both play very similar
roles in passing new legislation. The House and the Senate
are further divided into committees, which provide expert
focus on specific issues of proposed legislation prior to communicating to the entire Congress. This chapter provides an
introduction to these key roles in the legislative process.
THE HOUSE OF REPRESENTATIVES

Truly the cornerstone of our democracy, the House of
Representatives provides equal representation in Congress for every citizen of the United States, regardless
of sex, race, economic status, or state of residence. The
House of Representatives is made up of 435 members,
each of whom represents an area of the country called a
congressional district. The residents of a district choose
the person they want to represent them in the House
of Representatives by participating in general elections
every two years. Once elected to Congress, representatives are the voices of their district residents, known as
constituents, in the lawmaking process.
Every 10 years, the United States conducts a census to
count its citizens. State governments then use population
data generated by the census to redefine congressional
12
HOW A LAW IS PASSED
The chart above shows the different branches of government,

including the legislative, executive, and judicial. Each of the
three branches plays a specific role in the creation and maintenance of laws in the United States.
districts, ensuring that each member represents a similar

number of constituents. As a result, more populous states
have more representatives in Congress. California, for example, has 53 districts based on 2000 census data of 33.8
million residents, whereas Idaho, with 1.2 million, has just
2 districts. Although a greater number of representatives
13
does not necessarily translate to greater power for a state,

crafty governors can redraw district boundaries to gain
presence for their political parties in Congress.
General elections occur on the first Tuesday after the
first Monday in November during even-numbered years.
On January 3 of the following year, the members of the
House of Representatives convene in Washington, D.C.,
to begin the new congressional term. At the opening of
a new term, representatives elect their House leader,
known as the Speaker. The Speaker of the House is an
incredibly powerful role because it influences many of
the House committee assignments and determines the
order in which the House addresses new legislation. The
Speaker typically belongs to the House majority political
party and often prioritizes legislation supported by the
majority party over legislation endorsed by the minority. When they are in the same party, the Speaker of the
House is the president of the United States closest ally
in all of Congress. When they are not, the Speaker can be
the presidents greatest political foe.
A term is divided into two year-long sessions. The chief
function of Congress is to propose and pass legislation.
The Constitution distinguishes the House from the Senate
in this function, stating that only the House may propose
legislation for raising and apportioning revenue. This refers to laws that increase taxes and laws that determine
how the government spends its money.
Through the House of Representatives, ordinary citizens can make a significant impact on the lawmaking
14
HOW A LAW IS PASSED
The Capitol building in Washington, D.C., holds both houses

of the U.S. Congress: the Senate and the House of Representatives. Each body has its own chamber, where all official
business is conducted.
15
process. Because of the biennial election cycle, representatives are under constant review. They need to know that
their constituents approve of the job they are doing, so
they welcome feedback. This provides interested citizens
with an opportunity to communicate their thoughts and
concerns to someone who actually votes on federal legislation in Washington every day. Equally important is the
ultimate tool of democracyconstituents have the power
to vote one representative out of office in favor of another
candidate who better represents their point of view.
THE SENATE
The second body of Congress is called the Senate. Its
primary role in the lawmaking process is to review and
improve legislation introduced by the House of Representatives. Representatives typically support legislation that
addresses the immediate concerns of their constituents.
Senators, who serve longer terms and in most cases represent larger constituencies, often amend House-approved
legislation to ensure it is applicable to the broader public
and will remain relevant over time. This system of checks
and balances places the needs of the American people at
the foundation of new legislation and at the same time
leverages a long-term perspective to create better laws.
Article I, Section 3, of the Constitution specifies that
each state elect two members to the Senate, which provides each state with equal representation, regardless
of population. In 1959, Hawaii became the fiftieth state
in the union, which increased the number of members
16
HOW A LAW IS PASSED
serving in the U.S. Senate to 100. Statewide constituencies vote for senators in the same general election
process used to elect representatives. Because senators
THE TWO-PARTY SYSTEM

A person elected to serve in a government office, such as a
senator or a representative, is called a politician. Political parties are groups of politicians who share a fundamental governing philosophy. For the most part, the U.S. government has
always been a two-party system. Although the names of the
parties have changed over the years, at any one time in our history, the vast majority of government officials have represented
one of two parties. Today, the two parties are the Democratic
and Republican Parties. In the 109th Congress (20042006),
only one representative and one senator represented a party
other than Democratic or Republican.
The two-party system of the United States facilitates clear
leadership in Congressthe political party with the most seats
leads. The majority party enjoys a variety of benefits: congressional leaders, such as the Speaker of the House and Senate majority leader, represent the majority party; majority party
members are awarded the majority of committee seats; and all
committee chairpersons belong to the majority party. Minority party members have little or no control over the legislative
agenda. The Republican Party enjoyed a slight majority in the
109th Congress, boasting 232 of 435 seats in the House of
Representatives and 55 of 100 Senate seats.
17
serve six-year terms, though, only one-third of Senate

seats are contested during an election cycle. This system
of staggered term expiration allows the Senate to function consistently and avoid any major disruptions in a
single election year.
The vice president of the United States also serves as
president of the Senate in what is recognized as largely
a ceremonial role. The vice president rarely attends Senate debates and may vote on legislation only in the event
of a tie; therefore, senators elect a president pro tempore
(temporary president) to lead in his absence. Generally, the president pro tempore is the most senior senator
in the majority party, but the role is less powerful than
Speaker of the House. In fact, the president pro tempore
often delegates day-to-day leadership responsibilities to
junior senators to get them accustomed to Senate procedures. The leader of the Senate on any given day is
referred to as the presiding officer.
Real influence in the Senate exists not at the procedural
level but along political party lines. Each party elects a
floor leader, commonly referred to as the majority leader
(the leader of the party holding the majority of seats in
the Senate), and a minority leader (leader of the party in
the minority), who represent their parties as both political
strategists and party spokespersons. Although these roles
were not defined in the Constitution, they have evolved
over time to become essential to the lawmaking process.
Similar to the Speaker of the House, the majority leader
has emerged as the true leader of the Senate, wielding
18
HOW A LAW IS PASSED
Above is a drawing of the Senate chamber within the Capitol

building; there, the 100-member Senate meets to negotiate and debate new legislation, review proposals from the
House, and carry out other official dealings.
19
the power to set the legislative agenda, schedule debates

and votes, and influence committee assignments.
Although the Senate and the House of Representatives
are equal legislative partners, the Senate is often misconstrued as the upper house of Congress. The Founding Fathers contributed to this perception by establishing the
Senate as the more mature and consistent faction of Congress with a higher minimum age requirement for senators
and legislative procedures that remain constant from one
election year to the next. Individually, senators wield more
influence than representatives simply because they serve
longer terms and are fewer in number (which enables them
to sit on more committees) but in fact, neither body can
perform its function without the support of the other.
CONGRESSIONAL COMMITTEES
New laws originate in the form of legislation called bills.
During each term, thousands of bills are introduced to
Congress on a range of topics concerning every facet of
American life. In order to vote on these bills in a manner that represents their constituents, senators and representatives must fully understand the potential impact
of each piece of legislation. Because of the high volume
of these bills, it would be impossible for individual members of Congress to investigate each one, so Congress is
divided into committees that study the legislation and
draft reports. All congressional members may then use
these reports to become properly educated and cast
informed votes.
20
HOW A LAW IS PASSED
The vast majority of new bills are addressed by standing

committees. These committees are formed at the start of a
congressional term and remain in service throughout the
terms duration. Congressional leaders categorize incoming legislation based on subject matter, and each category
is under the jurisdiction of a standing committee. Any
new legislation that falls under one of these predefined
categories is assigned to the corresponding standing committee for initial examination.
STANDING COMMITTEES IN THE 109TH CONGRESS
House of
Representatives
Senate
Agriculture
Agriculture, Nutrition, and

Forestry
Appropriations
Appropriations
Armed Services
Armed Services
Budget
Banking, Housing, and Urban

Affairs
Education and the Workforce
Budget
Energy and Commerce
Commerce, Science, and

Transportation
Financial Services
Energy and Natural

Resources
Government Reform
Environment and Public Works
Homeland Security
Finance
House Administration
Foreign Relations
21
If new legislation is introduced and it does not fall under

the jurisdiction of a standing committee, Congress may establish a special (or select) committee to address the bill. A
special committee functions like a standing committee but
disbands when its obligation is complete.
At the beginning of each new term, the Senate and the
House vote on committee membership. Committee nominees are chosen by their floor leaders based on seniority and
area of expertise. For example, the Judiciary Committee,
House of
Representatives
Senate
International Relations
Health, Education, Labor, and

Pensions
Judiciary
Homeland Security and

Governmental Affairs
Resources
Judiciary
Rules
Rules and Administration
Science
Small Business and

Entrepreneurship
Small Business
Veterans Affairs
Standards of Official Conduct

Transportation and
Infrastructure
Veterans Affairs
Ways and Means
22
HOW A LAW IS PASSED
which oversees the administration of justice, is composed

primarily of lawyers. The majority party holds a majority
of seats within a committee (except in the Committee on
Standards of Official Conduct, which maintains an equal
number of members from each party), and the most senior
member of the majority party is typically named committee
chairperson. The senior member of the minority party
called the ranking memberis second in command, but
the chairperson controls the legislative agenda.
EXAMPLES OF COMMITTEES AND

SUBCOMMITTEES IN THE 109TH CONGRESS
House of
Representatives
Senate
Commercial and Administrative Law
Banking, Housing, and

Urban Affairs
The Constitution
Economic Policy
Courts, the Internet, and

Intellectual Property
Financial Institutions
Crime, Terrorism, and

Homeland Security
Housing and
Transportation
Immigration, Border
Security, and Claims
International Trade and

Finance
Judiciary
Securities and
Investment
23
Standing and select committees are further divided into

subcommittees for more focused investigation of legislation under a committees jurisdiction. When a subcommittee completes its study, it reports its findings to the
committee, which may then choose to present the bill to
Congress for a vote.
The organization of Congress, as defined by the U.S.
Constitution in 1787, continues to provide a framework
for making laws in the twenty-first century. Congress has
grown and expanded along with our countrys population
and number of states, but its fundamental structure remains constant. When questions arise regarding the legislative process, Congress still turns to the Constitution
for guidance and clarity.
The remainder of this book explains how laws are
passed. The House of Representatives and the Senate
are our countrys lawmakers. Understanding their roles
and organization is fundamental to comprehending the
legislative process.
3
Introducing
New Legislation
C
ongress undertakes a wide variety of responsibilities

in its service to the U.S. government and the citizens
its members represent. As defined in Article I, Section 8,

of the Constitution, congressional duties include establishing new post offices and courts (with the exception
of the Supreme Court), supporting the armed forces, and
declaring war. The Senate must approve all presidential
cabinet nominees, but only the House may impeach the
president. On top of these responsibilities, the primary
function of Congress is to introduce legislation and prepare bills to become law. This chapter describes the first
step in creating new laws.
24
INTRODUCING NEW LEGISLATION
25
A new law typically originates as a piece of legislation

called a bill; however, it may instead take the form of a joint
resolution. Joint resolutions do not only propose new laws;
they also are used to advocate constitutional amendments
and declare war. The legislative procedure to propose laws
is identical for joint resolutions and bills, but joint resolutions include a preamble, or introduction, which communicates the importance of passing the new law. Because
joint resolutions are far less common than bills (the 108th
Congress introduced 8,466 bills and only 157 joint resolutions), we refer only to bills throughout this book.
ORIGIN OF LEGISLATION
Bills may be private or public. Private bills typically provide support to individuals and groups. Federal medical
benefits and immigration rights are examples of provisions that originated as private bills. The majority of bills,
however, are public bills, which address the general population. Just about anyone can draft legislation describing
the need for a new law, and indeed, proposals for laws
originate everywhere from the president down to ordinary
citizens. It is important to remember that politicians are
in Congress to represent their constituents. If you have a
good idea for a new law, you, too, can get involved in the
legislative process.
Although anyone can propose a bill, most bills originate
from members of Congress. Congressional candidates
commonly have ideas for laws to improve the lives of
their fellow citizens even before they are elected to office.
26
HOW A LAW IS PASSED
President Gerald Ford meets with an aide in the Oval Office,

above. This office is the presidents headquarters, so it is
often said that things done by the president are done by the
Oval Office.
27
These ideas make up a candidates platform, which he

or she communicates to voters while campaigning. If the
voting majority agrees with a candidates platform, that
candidate will likely be elected, putting him or her in position to introduce the constituents ideas to Congress. As
a result, when the next congressional term commences,
senators and representatives are already prepared to begin drafting bills on behalf of their constituents.
Other significant contributors of new legislation are lobbyists. Lobbying is the act of influencing lawmakers to
support or reject legislation on behalf of interested parties.
Special interest groups, such as environmentalists and labor
unions, often employ professional lobbyists who are experts
in drafting legislation. Lobbyists may even provide research
and resources to usher bills through Congress. Many former politicians become lobbyists as a way to utilize their
legislative experience in the private sector. In an effort to
limit the power of lobbyists, the government imposes strict
guidelines preventing these groups from providing gifts to
lawmakers in exchange for legislative support.
The president of the United States, too, has ideas for new
laws, and some legislation originates from the Oval Office.
Once a year, when the two houses of Congress come together at the start of a new session, the president addresses
the entire legislature and delivers the State of the Union
address. In this speech, the president presents ideas for
new legislation and follows up by submitting drafts of
proposed bills to congressional leaders. During the remainder of the year, the president and other members of the
28
HOW A LAW IS PASSED
executive branch may submit additional legislation to Congress to further their political agenda.
All proposed legislation eventually winds up on the
desk of a senator or representative. When members of
Congress receive bills originated from a third party, they
may conduct additional research and amend the bills to
ensure that the bills align with their platforms and the
desires of their constituents. The final draft of every bill
must be arranged in exactly the same way.
INTRODUCTION TO CONGRESS
Regardless of a bills origin, whether from citizen, lobbyist, or president, only a senator or representative may
introduce the new legislation to Congress. The member
THE FORMAT OF A BILL

A bill drafted in the following format is ready for introduction to
Congress.
A BILL
[One-sentence description here]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[Full text of legislation here]
29
of Congress who introduces the bill can be as important

as the legislation itself in determining its chances to become a law. Of the 8,466 bills and 157 joint resolutions
introduced to the 108th Congress, only 498 were signed
into law. A bill with local impact is best introduced by the
representative of the affected district, but a member of the
RESIDENT COMMISSIONER
AND DELEGATES
In addition to the 435 members of the House of Representatives who represent U.S. states and congressional districts,
the House includes five members who are not formal representatives. Residents of the District of Columbia, American Samoa, Guam, the U.S. Virgin Islands, and the Commonwealth of
Puerto Rico are American citizens; therefore, they are eligible
for representation in Congress. To that end, the Commonwealth
of Puerto Rico elects a resident commissioner to the House of
Representatives for a four-year term, and the four other territories elect delegates who each serve a two-year term. None of
the five territories has representation in the Senate.
The resident commissioner and delegates are granted many,
but not all, rights of the official representatives. They may introduce bills to the House, serve on congressional committees,
and vote on committee matters. However, the resident commissioner and delegates may not vote on matters presented on
the floor of the House. As a result, although these representatives can play a part in drafting and reporting legislation, they
do not have a voice in determining the final approval of a bill.
30
HOW A LAW IS PASSED
relevant committee (ideally, the chairperson of that committee) should sponsor a bill that has national influence.
The senator or representative who signs the bill and introduces it to Congress is known as the primary sponsor.
In order to drive a bill to approval amidst the many thousands of other bills, the primary sponsor must increase
awareness of the legislation. One way to do this is by enlisting the support of cosponsors. The majority rules in
Congress, so the more members who support a bill, the
better chance it has of approval. The primary sponsor often shares the bill with influential members of Congress
in order to recruit original cosponsors, whose names will
also be listed on the bill.
Once the new bill is properly formatted and sponsored,
the process for introducing it to the House of Representatives is relatively simple. The House chamber features a
wooden box called the hopper. To introduce a bill, the
representative merely drops it into the hopper. The House
clerk collects bills from the hopper and assigns each bill
a legislative number. House legislative numbers begin
with H.R., to indicate the bill originated in the House
of Representatives, followed by a sequential numeral. For
example: 5,431 of the 8,466 bills introduced during the
108th Congress originated in the House. The first of these
bills was numbered H.R.1; the last was H.R.5431.
The procedure is slightly different when introducing
legislation to the Senate. Typically, the sponsoring senator hands the signed document to a Senate clerk. Because
fewer bills originate in the Senate, however, senators may
31
Above, a Senate Judiciary Committee listens to testimony on

consolidation in the energy industry in March 2006. Because
the issues that Congress must face are wide-ranging and
complex, both the Senate and the House of Representatives
divide their members into specialized committees, each of
which focus on certain sets of issues.
introduce the legislation formally by reading an accompanying statement declaring the merits of the bill. On
presentation of a bill, fellow senators may object to its introduction. If this happens, introduction is postponed until the next day. A second objection would bump the bill
to the Senate calendar to be addressed when the majority
leader sees fit. Legislative numbers for bills introduced in
the Senate begin with S.
With such a large number of bills introduced to
Congress each year, similar legislation is inevitably
32
HOW A LAW IS PASSED
submitted, either to a single chamber or to both the House

and the Senate. Similar bills introduced concurrently to
both bodies of Congress are called companion bills.
They may be introduced coincidentally or as a tactic to increase the legislations chances for approval. Similar bills
introduced to one chamber of Congress are assigned to
the same committee, where the redundancy is addressed.
The committee may abandon one in favor of the other or
draft an original bill based on the strongest components
of each.
COMMITTEE ASSIGNMENT
Combined across the House of Representatives and the
Senate, Congress operates more than 30 committees and
200 subcommittees to manage its complex workload.
Standing committees are established and their members
selected at the beginning of each new congressional term,
which makes the process of assigning a bill to committee
highly predictable and relatively simple. Most bills introduced to Congress do not propose original ideas for new
laws. Instead, they modify or amend existing legislation.
Therefore, new bills are assigned to the committees that
dealt with related laws in the past. Once assignments
are set, these bills are published and distributed to all
members of Congress.
The Congressional Record is a continuous chronicle of
all legislative action, including a verbatim account of Senate and House proceedings and committee meeting notes.
Newly introduced bills, listed by their legislative numbers,
33
Congressman Theodore G. Bilbo reads the Congressional

Record in March 1946. The Record is a chronicle of all legislative action, including accounts of Senate and House proceedings. The Record is distributed to members of Congress
on a daily basis; it also can be accessed on the Internet.
appear in a section called the Daily Digest. Since 1873,

the Government Printing Office has distributed the Congressional Record on a daily basis to members of Congress
for use as a resource tool. All information contained in
the document is public record. Today, the Congressional
Record is publicly available on the Internet. Interested citizens can view the document on government Web sites
and stay informed of congressional activities.
34
HOW A LAW IS PASSED
The chambers presiding officer (either the Speaker

of the House or the Senate president pro tempore) refers newly logged bills to their committee assignments.
A complex bill may be assigned to multiple committees,
each reporting on the portion of the bill under their jurisdiction. One committee must be designated the primary
committee, however, and be responsible for the bill in its
entirety. For example: An animal population control bill
assigned primarily to the House Agriculture Committee,
which covers animals and livestock, was also referred to
the Ways and Means Committee because the bill established a special state-controlled fund.
A bill referred to committee becomes the responsibility of the committee chairperson, who adds the bill to
the legislative calendar and prioritizes the list of bills on
the calendar. The legislative calendar is the committees
to-do list. The legislative workload remains heavy at the
committee and subcommittee levels, particularly because
members of Congress typically sit on multiple committees. As a result, some bills are never addressed at all.
Because the chairperson always represents the majority
party, this is the phase of the legislative process when the
chamber majority really begins to assert its power.
If a bills sponsor does not believe the committee chairperson is giving the legislation the attention it deserves,
he or she may seek additional cosponsors to increase support for the bill. Other interested parties may get involved
as well. Lobbyists, for example, often fund advertising
campaigns to promote the benefits of a proposed law, and
35
if the president supports the bill, he or she may communicate through the press the importance of quick approval.
Engaged citizens may also follow a bills progress. If they
feel their elected officials are representing their political
parties rather than their constituents, they too can get involved by organizing petition drives.
The three stages covered in this chapterdrafting legislation, introducing a new bill to congress, and referral to
committeeare the main preparation steps in the legislative process. Once the committee chairperson adds a bill
to the legislative calendar, the actual process of passing a
law begins. This process was first documented in Thomas
Jeffersons A Manual of Parliamentary Practice, which Jefferson compiled during his term as the second vice president of the United States (17971801) and published in
1812. In the following chapters, we will focus on a single
bill and its path from committee through chamber approval to final signature.
4
Consideration
by Committee
E
very bill introduced to Congress is assigned to a committee or subcommittee and added to its legislative cal-
endar. The primary purpose of a congressional committee

is to determine whether or not a bill would make a good
law. Based on that determination, the committee presents
a recommendation to the chamber of Congress into which
the bill was originally introduced. Only those bills valued
by the committee chairperson are considered, however. A
bill that is not considered will not be addressed at all by
the committee. The bill simply dies in committee and
makes no further progress toward becoming a law.
For those bills that are considered by committee, this
early phase in the lawmaking process is also the most
36
CONSIDERATION BY COMMITTEE
37
critical. As a bill progresses through Congress, it is typically amended at every stage to provide clarity, address
new concerns, or document a compromise, but never is a
bill under more scrutiny than during committee consideration. The assigned committee or subcommittee conducts
an intensive study of each bill to understand its potential
impact and determine the proposed laws necessity and
feasibility of enforcement. Committees often hold public
hearings to collect the facts required to make their recommendations and file committee reports.
COMMITTEE HEARINGS
Committees are usually made up of those members of
Congress who have the most prior experience in the committees field of interest. In some cases, the members of a
committee themselves have the knowledge necessary to
make an informed determination on a bill. If necessary,
the committee may negotiate with federal agencies, such
as the General Accounting Office and the Presidents Office of Management and Budget, to ensure that a law, if
passed, will be adequately funded and supported. Complex bills, however, require additional input from experts,
government officials, and other associated individuals.
In order to obtain this information, the committee calls
a hearing.
Committee hearings are public proceedings, similar to
court trials, during which witnesses provide testimony
representing all sides of a legislative issue. Unless the
topic under consideration is likely to reveal classified
38
HOW A LAW IS PASSED
Above, a Senate Investigating Committee meets at the

Waldorf-Astoria hotel to question individuals involved in the
disastrous sinking of the ship Titanic. Generally, congressional committees primary role is to review legislation; however,
when circumstances demand it, ad hoc committees can be
convened for investigations.
information or compromise national security, committee

hearings are open to public observation. Hearing transcripts are kept for future use by committee members and
distributed to other interested members of Congress. The
press often reports on hearings of national interest. In
fact, members of the public interested in this aspect of
the legislative process may watch televised hearings on
39
the cable network C-SPAN, which regularly broadcasts

House and Senate committee proceedings.
The committee selects the witnesses it would like to testify during the hearing. Generally, there are individuals
who favor a bill and those who oppose it, and a committee hears from both sides. In addition, objective experts
in the field may testify on a proposed laws impact regardless of their personal opinion. If a witness chooses not to
participate, the committee has the authority to serve a
subpoena, forcing the potential witness to testify or face
jail time. Once again, the majority party has great influence because the committee often invites more witnesses
that support the majority position on the bill.
Hearings are often used as a forum for committee members to publicly present their views on an issue. Prior to
witness testimony, the chairperson reads a statement expressing his or her initial thoughts. The ranking member
follows with a speech from the minority point of view.
Witnesses must submit their testimony to the committee
in writing before the hearing. During the proceedings, the
witness reads a summary and then answers questions
posed by committee members. Committee rules impose
a time limit on witness testimony, with each committee
member receiving equal interrogation time. Once all witnesses testify, the hearing ends.
Committee hearings are an important step in the lawmaking process because they involve the participation of
regular citizens in drafting legislation. By listening to the
40
HOW A LAW IS PASSED
testimonials of people who would be directly affected by a

new law, committee members can take into consideration
the publics concerns and modify the bill to create legislation that appeals to the majority of the American people.
A bill that is recommended favorably by committee is often vastly different from the draft first introduced to Congress. This is because of the inclusion of amendments to
address concerns raised during hearings and those added
during the markup phase.
LEGISLATION MARKUP
Following the hearings, committee members assemble for
a series of markup meetings. These meetings are meant
to ensure that the committee completely understands the
meaning of a bill and agrees with its purpose. Armed with
the testimony presented during the hearings, committee
members may modify, add, and delete components of
the original bill to create a version that addresses their
concerns and their constituents needs. Like committee
hearings, markup meetings are held in open sessions.
The proceedings are not recorded or distributed, however,
which encourages lawmakers to be more candid with their
concerns and more creative in exploring compromises.
Markup meetings rarely begin with a review of the
legislation as originally introduced to Congress. Instead, the committee chairperson usually takes the first
swipe at modifying the bill and presents to the committee what is known as the chairpersons mark. This version is the chairpersons recommendation for approval.
41
The amendments typically address the chairpersons

own concerns as well as input from influential sources.
These include majority party leadership and lobbyists
with whom the chairperson may have discussed the
BYPASSING A COMMITTEE
A bill left to die in committee has one slight chance of proceeding to the full chamber for a vote. If the committee chairperson
does not take action on an assigned bill for 30 or more legislative days, a member of Congress may present a motion to
discharge the bill from committee. In this rarely used process,
the motion remains open with the journal clerk, and members
of Congress outside the committee may add their signatures
in support. If a majority of the chamber into which the motion
was introduced signs the document, it is entered into the Congressional Record and added to the Calendar of Motions to
Discharge Committees.
After the measure to discharge the committee has been
on the calendar for at least seven days, any signing member
may call for recognition of the motion on the chamber floor.
Members of the chamber debate the motion for a maximum
of 20 minutes; equal time is spent arguing for and against the
measure. Following the debate, a signing member may request
that the chamber immediately consider the bill. If the chamber
agrees to this motion, the full chamber considers the original
bill under the standard legislative process, effectively bypassing committee consideration.
42
HOW A LAW IS PASSED
Senators Orrin Hatch (the ranking Republican on the Senate

Committee on Finance) and Arlen Specter (chairman of the
Senate Committee on Veterans Affairs) address the media
during a press conference on Capitol Hill.
legislation. Although the chairperson has a powerful

role, other committee members debate the changes and
offer further amendments during the markup meetings.
Committee members go over the bill very carefully,
reading the document line by line and discussing each
line in detail before moving on to the next. If a committee
member has a concern with a line, he or she may propose an amendment, such as changing a line to eliminate
a conflict, adding text to clarify a definition, or removing a line altogether. The committee votes on each proposed amendment and, if approved by a majority, adds
43
the change to the document. Any proposed amendment

must be germane to the subject, which means it is directly
related to the line in question.
If the committee favorably reports a heavily marked
bill, the multiple amendments may actually reduce the
bills chances for approval. During the full chamber vote,
members of Congress consider each amendment individually and may reject the entire legislation because of
a disagreement with a single amendment. As a solution,
the committee chairperson may draft a new bill that combines the text of the original with committee changes.
The chairperson introduces this clean bill to Congress
following the standard procedure. When the clean bill,
under a new legislative number, is reassigned to the committee, the committee immediately reports favorably with
no changes.
The legislation markup phase is the stage in the lawmaking process where most legislation is written. Bills often receive additional amendments in subsequent stages
of the process, but those changes, too, must be germane to
the legislation and cannot alter the overarching meaning
or directive of a bill reported by committee. The influence
a senator or representative wields during this process is
what makes a congressional committee or subcommittee
seat such a highly desirable post. During chamber sessions, members may vote on measures and offer amendment proposals, but their greatest involvement in making
new laws comes during committee markup sessions.
44
HOW A LAW IS PASSED
COMMITTEE REPORT
With the markup phase complete, the committee votes
to determine whether to recommend the bill to the chamber of Congress into which it was introduced. A simple
majority decides the fate of the bill, and committee votes
are recorded to inform the public which way each member voted. Whether the committee reports on the bill as
introduced to Congress, on a marked-up version, or on
a clean bill, the time spent in the hearing and markup
phases is invaluable. A written report accompanying the
committees recommendation provides expert guidance
CONGRESSIONAL
RECOMMENDATIONS
Committees may make one of a variety of recommendations on
the bill to Congress.
Report favorably without amendment: Recommends passage of the original bill or a clean bill.
Report favorably with amendment: Recommends passage
of the original bill with changes.
Report unfavorably: Recommends rejection of the bill.
Table the bill: When a committee tables a bill, it takes no further action, and the bill dies in committee. Committees rarely
report bills unfavorably; instead, they table themessentially
rejecting the bill before it comes to a vote in the chamber.
45
on the proposed law and its anticipated impact on

U.S. citizens.
Together with its recommendation, the committee distributes to Congress a detailed report of the bill. This
report contains all the information accumulated by the
committee (including transcripts of hearing proceedings
and meeting notes) during its consideration and is a valuable resource for members of Congress as they prepare to
vote on the bill in their respective chambers. A typical
report begins with a description of the bill, the purpose
of the proposed legislation, and the reasons behind the
committees recommendation. If the committee recommends a bill with amendments, each amendment is explained and the reason for its inclusion is justified.
The report also provides comprehensive information on
the projected impact of the bill if passed into law. Any existing laws affected, particularly those that would be annulled, or made inoperable, by the proposed legislation,
must be listed. In addition, the estimated annual costs of
enforcement, projected five years into the future, must be
included. Finally, the voting record of the bill is attached;
this indicates how committee members voted on each
amendment as well as on the final draft. In closing, committee members may add additional statements to the report. Those members who voted in the minority often take
this opportunity to express their reasons for dissent.
A bill reported by committee is added to the legislative calendar of the appropriate chamber of Congress. To
have adequate time to study the document before taking
46
HOW A LAW IS PASSED
a final vote, members of Congress must have access to

the report at least three weekdays during which Congress
is in session. The committee chairperson coordinates the
prompt delivery of the completed report to the Government Printing Office for distribution to all members of
Congress. Today, committee reports are also made available in digital version for faster turnaround and e-mail
delivery to senators and representatives who are traveling on business.
It is impossible to overstate the importance of committee
consideration in passing a law, but its value truly extends
beyond the legislative process. If a proposed bill becomes
law, the information collected by the committee or subcommittee is included as part of its legislative history and
is often revisited to serve additional purposes. For example, a committee report may be used in the judicial process
as an excellent resource for interpreting the intention of the
law. The work senators and representatives accomplish as
members of committees is only one aspect of their roles.
Equally important is time spent participating in legislative
action on the House and Senate floors.
5
Initial House
Action
A
bill introduced to Congress is assigned to a committee, which considers the bill and then reports on it
back to Congress, either favorably or adversely. If the bill

is introduced in the House of Representatives, this entire process takes place in the House; if it originates in
the Senate, the same process occurs in the Senate. The
next three chapters of this book follow the bill as it gains
approval from each chamber of Congress. Although the
process is very similar in both chambers, here we will describe a bill introduced to the House, the most common
path for a new law.
The House of Representatives considers a bill reported
by a committee in very much the same way the committee
47
48
HOW A LAW IS PASSED
or subcommittee addresses a bill. The main difference is

the amount of time spent with the legislation. Representatives do not have adequate time to thoroughly study
and debate every bill, which is why the committee report
is so valuable and why noncommittee members must
have the report in hand so they can read it at least three
days prior to House consideration. During initial House
action, the bill will be added to a legislative calendar, prioritized for consideration, presented, debated, and voted
on by the chamber.
ORDER OF BUSINESS
Committees specialize in specific areas of legislation;
therefore, consideration of a new bill does not vary
widely from one bill to the next, and the process is fairly
simple. On the House floor, however, the process is more
complex because the chamber must be prepared for any
type of billpublic or private, taxing or appropriation,
and all others. As a result, the House employs multiple
legislative calendars and other rules to prioritize and
nominate bills for consideration. This strict order of business may sound confusing, but it is essential to maintaining an effective legislative process in the House.
When a bill is reported to the House of Representatives, the Speaker of the House assigns it to one of three
legislative calendars: the Calendar of the Committee of
the Whole House on the State of the Union (or simply
the Union Calendar), the House Calendar, or the Private
Calendar. The Union Calendar is used to schedule public
INITIAL HOUSE ACTION
49
Newly elected Speaker of the House Nancy Pelosi, a Democrat from California, is sworn in at the U.S. Capitol on
January 4, 2007. Pelosi was the first woman to be named
Speaker of the House. Pelosi and other members of Congress brought their children and grandchildren to witness the
historic event.
50
HOW A LAW IS PASSED
bills for raising revenue, apportioning funds, or authorizing payments. The House Calendar receives any public
bills not covered by the Union Calendar, and the Private
Calendar posts all private bills. The majority of new legislation is typically assigned to the Union Calendar.
The process to get a bill off a calendar and onto the
House floor for debating is referred to as the call of committees. Every Wednesday, the Speaker of the House
calls on each standing committee in order. When a
committee is called, that committees chairperson may
request that the House consider any bill reported favorably by the committee that has been posted to a House
calendar for at least one day. If the Speaker cannot get
through all committees in a single session, the committee
call resumes the following day. A committee may not be
called on again until all other committees are called in
the current round.
The House consideration process maintains the flow
of legislation through the chamber. Although committee
chairpersons have the authority to prioritize the order
in which their bills are considered, their authority does
not extend to the Houses overall agenda. In order for a
high-priority bill to reach the House floor out of order,
the chairperson of the committee reporting the bill must
request a resolution from the Committee on Rules calling
for immediate or subsequent consideration of the bill in
question. In extreme casesknown as closed rules
the resolution may allow a bill to bypass the House floor
amendment phase.
51
Even with multiple legislative calendars and rules in

place, the order of business may be altered by unanimous
consent. On rare occasions, the Speaker of the House and
the minority leader agree on a bills importance and assign it privileged status. Bills that address national security or public health issues often fall into this category.
The committee chairperson responsible for reporting a bill
with privileged status may call that legislation for immediate consideration anytime during session when no other
business is pending. Privileged or not, once called from
the calendar, consideration of a bill begins immediately
on the House floor.
HOUSE FLOOR
Any member of the House may participate in consideration of a bill on the House floor. The Speaker of the
House moderates the process, and all participating representatives address only the Speaker. One majority and
one minority member of the committee that reported the
bill represent their respective sides as floor managers during debate. These speakers typically give a speech about
the bill and then share the remainder of their allocated debate time with other interested representatives, often the
author and sponsors of the bill. The consideration process
differs between bills assigned to the House Calendar and
those assigned to the Union Calendar.
Bills assigned to the House Calendar are not eligible
for amendment. The consideration process is simple,
and debate time is relatively short: After the House clerk
52
HOW A LAW IS PASSED
reads the bill, speakers are granted 40 minutes, equally

divided between each side of the issue, to debate the
proposed legislation. Speakers use this time to present
information supporting their positions on the bill in attempt to influence other representatives to vote their way.
Because of the limited time for debate, some members
may not have an opportunity to speak but may present a
written document to ensure their positions appear in the
Congressional Record.
Bills on the Union Calendar follow a more complex
procedure, which allows for in-depth debate and amendments. To accommodate this process, the House of Representatives functions like a standing committee, called the
Committee of the Whole House on the State of the Union
(the Committee of the Whole). As part of this transformation, the Speaker of the House appoints a committee
chairperson to run the debate, then steps down. When
the Committee of the Whole completes consideration
of a bill, the chamber either considers another bill from
the Union Calendar or transitions back to the House
of Representatives.
Consideration by the Committee of the Whole begins
with the first reading of the bill. The procedure follows that
of regular House debates, but each side is allowed one
full hour to address the committee. Following debate, the
clerk reads the bill a second time, launching the amendment phase. Like a standing committee, the Committee of
the Whole reviews the bill section by section, and members may propose amendments. Only amendments that
53
Members of the U.S. House of Representatives walk the floor

of the House chamber as they are called to vote on a resolution. After a clerk gives the final reading of the bill under
consideration, the Speaker of the House immediately calls for
a vote.
receive majority approval are accepted. Anytime during

this phase, a member may motion to end the process. If
the committee passes the motion, the bill, with all approved amendments, is read a final time.
Because of time restrictions and the high number of
members seeking to participate in House action, the pace
of the floor debate and consideration by the Committee of
the Whole is incredibly fast. The Speakers role as moderator is essential to maintaining order, which enables the
House of Representatives to pack as much business as
54
HOW A LAW IS PASSED
possible into a legislative day. The Speaker is responsible

for managing the clock, approving each member who addresses the chamber, and more. Following the clerks final
reading of a bill under consideration, the Speaker immediately calls a House vote.
QUORUM
A quorum is the minimum number of participants required to
conduct business. Its purpose is to encourage attendance because it enables activity to continue in a members absence. In
the U.S. Congress, a quorum is a simple majority (218 representatives or 51 senators). If the number of members present
for a vote appears to be less than a quorum, the Speaker orders a quorum call, which takes the form of a roll call, conducted by the House clerk, or a recorded call using the electronic
voting devices. Following the call, a present member may move
to force absent members to appear in the chamber.
When the House is acting as the Committee of the Whole,
only 100 representatives are needed to form a quorum. This
happens because debate goes into further detail on fewer bills,
so fewer members participate on each bill. If a quorum is not
present, the chairperson orders a quorum call during the amendment phase, because the committee must vote on proposed
amendments. In order to speed the process, the call ends as
soon as it reaches 100 members. If a quorum is not reached,
however, the committee rises and resolves to the House of
Representatives, enabling the legislative day to continue.
55
VOTING PROCESS
A bill matures as it travels through the House of Representatives from introduction to voteits content evolves with
the addition of amendments that broaden the legislations
appeal. Along the way, the number of representatives
backing the bill grows. Introduced by a single member of
Congress, the bill likely picked up cosponsors before becoming the focus of a committee. It leaves the committee
with the backing of a political party, and is finally considered by an entire chamber that is well versed with the bills
contents through the committee report. A vote determines
if the bill has support from the majority of the House.
The call for a House vote is a routine action. The
Speaker asks, As many as are in favor of [name of the
bill], say Aye. As many as are opposed, say No. All
members of the House of Representatives present in the
chamber may vote on the bill. Bills assigned to the House
Calendar require a three-fifths majority in order to pass.
For example, if 100 people vote, 60 of them must be in
favor to approve a bill. A bill called from the Union Calendar, however, needs only a simple majority (e.g., 51 out
of 100) to be approved.
The Speaker determines the result by the response
volume. If he or she hears more Ayes than Nos, the
Speaker declares the bill passed. When a vote is too
close to call, the Speaker may order a division vote, in
which representatives stand up rather than call out to
cast their votes. The Speaker counts standing members
to calculate the vote. The final option is an electronic
56
HOW A LAW IS PASSED
Above is an 1890 photograph of the House of Representatives chamber, taken from the balcony while the House was
in session. Today, many House votes are taken as they would
have been in 1890, with the passage of a bill determined by
the response volume of Ayes versus Nos.
vote. Representatives cast their votes using an electronic

voting station, which counts automatically and accurately. This method is foolproof, but because there are a
limited number of voting stations, it is time consuming,
so it is rarely used.
Bills that make it to a vote are important to the parties that supported them through the legislative process.
If that party is the voting minority, it has an opportunity
57
to keep the bill alive. The bills floor manager may call
a motion to reconsider the bill and try to win a future
vote. The Speaker typically grants this request without
debate and reassigns the bill to committee. A representative interested in adding a final amendment may motion
to recommit with instructions. This motion is debatable,
as both parties wish to influence what instructions appear
when the bill is reconsidered.
Representatives are the voices of the people in Congress, and they are elected for two basic reasons: to draft
legislation that benefits the constituents of their congressional districts and all United States citizens, and to represent constituents interests when voting on other new laws
under consideration. Politics are built on the foundation
of compromise, however, and in order for representatives
to get things done, at times they must give other members of Congress what they needvotes. Fortunately,
legislators have a couple of tricks they can use to help a
fellow member without voting against the interests of
their own constituents.
In a catch-and-release deal, to catch the number
required for a majority, a party leader persuades minority representatives to promise their votes. Although their
constituents might disapprove, these representatives may
agree, in exchange for guaranteed future votes from the
majority party. If the leader secures more votes than required, however, the representative is released from the
deal. Then, the bill passes, and the member votes as his
58
HOW A LAW IS PASSED
constituents expect. Pairing is another method. A representative persuaded to vote against his constituents desires pairs up with a member on the opposite side. Both
vote Present, rather than in favor or opposition; these
votes do not change the outcome, but the representative
does not record a vote unpopular with his constituents.
6
Senate Review
A
bill introduced to and passed by the House of Representatives is referred to the Senate for consideration.
It is important to remember that the Senate and the House

are equal partners in passing legislation. The Senate does
not review House bills as a superior body of Congress; it
reviews them from a different perspective. Whereas House
members represent proportional numbers of constituents,
senators represent states equally. By the same token, the
House reviews all bills introduced and passed in the Senate. Similar to initial House action, review by the Senate involves committee consideration, floor debates and
amendments to the bill, and chamber votes.
In general, the Senate consideration process is very similar to the House process, as both are based on Thomas
Jeffersons Manual of Parliamentary Practice. The House
59
60
HOW A LAW IS PASSED
reasserts its procedural rules at the start of each new Congress. By contrast, the Senate functions largely by the rules
established during the first Congress in 1789, and the manner in which business is conducted is quite different from the
House. Pace of activity is another key difference. Because
there are fewer members generating legislation, more committee assignments per senator, and longer debate times,
the Senate pace is much slower than that of the House.
REFERRAL TO SENATE
When a bill passes a body of Congress, it formally becomes an act. Immediately upon approval, the House
sends a written message to the Senate chamber indicating
the change of status, and the Senate prepares to receive
an engrossed copy of the act for review. The engrossed
copy is a final version of the legislation prepared by the
House enrolling clerk. It is crucial that the engrossed
copy contains the text of the bill exactly as approved by
the House because both bodies of Congress must pass
completely identical versions in order to advance the legislation to the next step.
To draft an engrossed copy of a bill, the enrollment clerk
combines the version reported by the standing committee with the amendments approved during initial House
action. The enrollment clerk pays special attention to the
order in which the amendments were introduced and the
precise wording and punctuation agreed to by House members. This process can be quite challenging, particularly
with a heavily amended bill. Today, some bills receive more
SENATE REVIEW
61
than 100 amendments, pushing the average length of a bill

to more than 19 pages. An engrossed act received by the
secretary of the Senate is ready for committee assignment.
The Senate has fewer standing committees than the
House, but the committee consideration process is the
same in each chamber. Sometimes, however, identical bills
are introduced in both places at the same time, to increase
the chances of passing. These are called companion bills.
If the companion bill is approved by the House and assigned to a Senate committee, the committee indefinitely
postpones the Senate version and considers only the approved House act. If the Senate is considering a similar
bill when the House bill passes, the Senate committee
may add elements of its bill to the House act in the form
of amendments.
At the close of the committee consideration phase, the
assigned Senate committee prepares a report and presents
the legislation to the Senate floor. As described in Chapter 3, the act may be reported favorably or adversely, clean
or with amendments. During the opening proceedings of
each new legislative day, the presiding officer calls for the
filing of committee reports. At this time, the committee
representative may speak to the chamber about the act
and communicate his or her position. However, this opportunity is rarely taken, and senators typically hand the
report to a chamber clerk in document form.
Legislative days are different from calendar days; a
legislative day is a period of conducting business. A new
legislative day begins when the previous one adjourns,
62
HOW A LAW IS PASSED
Senator Robert Byrd of Tennessee celebrates after winning his record ninth term. Byrd became the president pro
tempore of the Senate in January 2007 and was the Senate
majority leader for two separate terms during his tenure.
as indicated by the presiding officer, who declares an official order to indicate the close of business. At the end of
a calendar day, if the Senate is in the midst of conducting
business, the presiding officer may call a recess to allow
the Senate staff to go home. A recess is simply a pause
in the proceedings. In the morning, the Senate continues
its work. When business is complete, the presiding officer
adjourns the legislative day. Legislative days may last several calendar days or even weeks.
SENATE CHAMBER
Although the legislative procedure of the Senate is similar to that of the House, the manner in which the Senate
conducts business is substantially different. In the House,
SENATE REVIEW
63
strict adherence to the rules is necessary to manage a

large chamber with 435 members generating thousands
of bills every session. In the Senate, with 100 senators
serving six-year terms, the order of business can be more
flexible. Senators actually have more influence over the
flow of legislation than the presiding officer, which is in
stark contrast to the House of Representatives, where the
Speaker tightly controls the order of business.
The Senate maintains one calendar to track legislation,
the Calendar of Business, on which all introduced bills
and approved acts appear, regardless of type. Each legislative day, as part of morning business, the presiding officer conducts the call of the calendar, which is a process
to address pending business. When the next reported act
comes up, if there are no objections, the chamber may
begin consideration. This rule, however, is rarely used.
Senators usually prefer to waive the calendar call in favor
of addressing legislation in order of priority or efficiency.
To address an act outside the order prescribed by the
Calendar of Business, a senator presents a motion to the
presiding officer to consider the legislation. A motion is
commonly used to consider an uncomplicated act immediately after its report, and requires unanimous consent
from the Senate chamber. If granted, the presiding officer
allocates time for debate, and floor consideration begins.
If another senator objects to the motion, the act remains
on the Calendar of Business and may be taken up during
a future call. If the Senate requires no debate or amendments, a quick vote removes the act from the calendar.
64
HOW A LAW IS PASSED
Motions to consider legislation out of order are typically

made by the Senate majority leader. Although the Senate
does not adhere to its legislative calendar as strictly as the
House of Representatives, there is an order of business,
SYSTEM OF LIGHTS AND BELLS

Senators and representatives are busier than ever before. The
average hours spent working per week, days per year, and bills
introduced per Congress have increased greatly over time. Because of the heavy workload and the fact that sessions may
operate with only a quorum present, senators and representatives appear in their respective chambers only when required
to do so. More often, they can be found working in their offices
or other parts of the Capitol building, so Congress utilizes a
system of lights and bells that signal throughout these areas
to inform members of Congress of important developments in
the chambers.
The tools of the system are simple enough (consisting of a
bell and two lights, side by side). The system itself is complex,
however, because of the many combinations of rings and lights
necessary to communicate the various messages, particularly
in the House, which includes specific codes for the Committee of the Whole. Utilizing this system, messages can be
communicated to absent legislators regarding quorum calls,
votes, adjournment, recess, and more. When a recorded vote
is called, the alert is sent after the first member registers a
vote. Remaining members have 15 minutes in which to appear
in the chamber and record their votes.
SENATE REVIEW
65
which is unofficially controlled by the majority leader. The

majority leader meets regularly with members of his or
her party and the minority leader to identify Senate priorities and agree on which acts to consider next. This type of
process works well in the Senate, where agendas, as well
as the deals brokered around each new piece of legislation, change on a daily basis.
When a motion to consider an act receives unanimous
consent, it is usually not a surprisein fact, very few
legislative bombshells get dropped on the Senate floor,
thanks to the work of the Republican Legislative Scheduling Office and the Democratic Policy Committee. These
service groups partner with their respective party members and leaders to facilitate communication regarding
legislative issues, priorities, and procedural plans. They
provide the information that party leaders need to devise
their floor strategies, down to predicted senator responses
to motions. Political party alignment becomes even more
important when the Senate chamber considers an act
for approval.
FLOOR CONSIDERATION
Once an act is recognized for consideration, one senator
from each party represents his or her side of the issue
as floor managers throughout the debate. These senators
are typically the chairperson and ranking member of the
committee that holds jurisdiction over the act. Floor managers speak first and then yield the floor to other senators,
usually members of the same party, who present prepared
statements in support of their positions on the act. Senate
66
HOW A LAW IS PASSED
Incoming Senate majority leader Harry Reid (right), accompanied by incoming Senate minority leader Mitch McConnell,
gestures during a news conference on January 4, 2007.
rules impose no limits on the number of senators who

may speak or the length of their speeches. This is a significant and noticeable difference between the two chambers
of Congress.
The primary goal of speaking during floor debate is to
win the votes of any undecided senators. Presentations
often include facts and charts, based on research data
SENATE REVIEW
67
collected during committee hearings, to illustrate important points. Senate debate is a public event, which is
broadcast live on the cable television channel C-SPAN2.
The proceedings are recorded and printed in the Congressional Record, which is also available to read online at the
Library of Congress Web site. Although senators may address only the presiding officer during debate, they use
this opportunity to sway public opinion as well as that of
their colleagues.
Sometimes, the goal of speaking during debate is delaying the vote. Senators on the minority side typically state
their cases and graciously accept defeat, but occasionally, when they are ardently opposed to an act, they use
the only tool available to halt the processthe filibuster.
Because Senate rules do not limit speech length, senators may delay a vote by simply speaking at great length.
In 1957, South Carolina Senator Strom Thurmond spoke
nonstop for over 24 hours in opposition to a proposed
law. This tactic is most effective with a united political
party, but even a single senator can make an impact.
Eventually, both sides in the debate complete their arguments for and against the act, and the floor managers
yield their time back to the presiding officer. The presiding officer then requests the final reading of the act and
calls for a vote. The Senate usually employs the roll call
voting method, in which the legislative clerk reads each
senators name in alphabetical order, and the senator responds aye in favor of the legislation or no in opposition. The Senate requires a simple majority to pass an
68
HOW A LAW IS PASSED
act and, as in the House of Representatives, a quorum is

required to vote.
The presiding officer votes only to break a tie. When all
votes are calculated and a result determined, the presiding officer announces the acts passage or defeat. Following the announcement, the party leader for the losing side
typically requests a motion to reconsider the act. This
motion is a mere formality, though, as the majority side
simply tables it, thus marking the vote as the final Senate
action for the legislation in its present form. If the Senate
passed the act, the next step in its journey toward becoming law depends on whether or not the Senate amended
the legislation.
A proposed law must pass both the House of Representatives and the Senate in identical form to receive congressional approval. If the Senate passed the act without
amendment, then the legislation is approved for submission to the White House and presidential action. If the
Senate edited or modified the act in any way, however,
the legislation returns to the House for final review and
vote on the amended version. Most new laws require a return to the chamber of introduction. This book assumes a
Senate-modified act, so our legislation along with Senate
amendments returns to the House of Representatives.
7
Final
Congressional
Approval
A
bill introduced into the House of Representatives and

passed by the House is then submitted to the Senate
for consideration. The Senate often changes the Houseapproved act based on new information discovered during
committee hearings, fresh perspectives argued in debate,
or related ideas in pending legislation, and votes on an
edited version. These changes, known as amendments,
may take the form of a word or section added to the act,
removed, or edited to alter its meaning. Ideally, through
effective negotiation and amendments, legislators will
69
70
HOW A LAW IS PASSED
broaden an acts appeal until majorities in both chambers

support its passage into law.
Following Senate approval, the amended act is returned to the House of Representatives. The importance
of reconsideration by the House cannot be overemphasized. A single amendment may significantly alter the
nature of an act, and, on occasion, individual pieces of
legislation have been amended up to 500 times! In one
peculiar instance, amendments to the Tax Reform Act
of 1986 modified the original bill such that the price of
season tickets to both University of Texas and Louisiana
State University football games became tax deductible.
Final congressional approval provides an opportunity for
every member of Congress to gain an understanding of
all amendments.
RETURN TO THE HOUSE

The Senate prepares an engrossed version of the act, which
includes all amendments in a comprehensive, final document, and delivers this legislation directly to the Speaker
of the House. The House of Representatives has a wide variety of available actions with which to address a Senateamended act. One rarely used action is the motion to
resubmit the act to the standing committee or subcommittee that initially considered the House-approved version.
Rather than return the act to committee, the committee
chairperson evaluates the complexity of amendments in
the engrossed act and considers the updated legislation in
the Committee of the Whole.
FINAL CONGRESSIONAL APPROVAL
71
If the chairperson agrees with the Senate amendments

and approves of their impact on the nature of the legislation, he or she may recommend that the House accept the engrossed act as is. The chairperson consults
the other committee or subcommittee members and, with
their support, motions to request a House vote on the
act. The Speaker of the House calls for a chamber vote
and, if the engrossed act passes without objection, the
legislation has achieved approval from both chambers of
Congress. The proposed law is ready for enrollment and
submission for presidential action.
Because of concerns with one or more Senate amendments, the House might not unanimously pass the engrossed act. If this happens, then the chairperson may
motion to amend the amendments. In this action, the
Committee of the Whole considers each Senate amendment individually. The chairperson deletes, modifies, or
approves amendments until the House reaches agreement
on the legislation and passes it without objection. Because
the Senates engrossed act has changed, the House must
resubmit its amended version to the Senate to secure approval of identical legislation. If this act passes the Senate
without objection, then it is ready for presidential action.
Sometimes the chairperson believes the Senate amendments went too far, altering the House-approved act so
that it no longer reflects the spirit of the original legislation. In these cases, the chairperson, with the support of
the committee or subcommittee members, may motion to
call a Conference Committee to consider the legislation. A
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HOW A LAW IS PASSED
Conference Committee is a temporary committee made up

of both Senate and House members. The purpose of this
committee is to prepare a compromised version of the act,
HIGH-SCHOOL STUDENTS
IN CONGRESS
Working as a congressional page provides the ultimate perspective for young people interested in observing our governments lawmaking process. The first page was nine-year-old
Grafton Hanson, who was appointed in 1827. Today, Congress
employs more than 100 pages in the two houses. Pages are
responsible for preparing the chambers for each days session
and providing general assistance to legislators and chamber
staff. Pages are most often seen running documents between
chambers, congressional offices, and other government buildings. Their presence enables lawmakers to focus on the business at hand, transitioning from one bill to the next without a
lapse in productivity.
All pages must be high-school juniors during their time of
service, which may include summer sessions before or after
their junior years. In addition to working in Congress, pages
enjoy preferred access to Washington, D.C., area museums
and other points of interest. To become a page, a student must
be nominated by a senator or representative from his or her
state of residence. Additional requirements include maintaining a 3.0 GPA, providing letters of recommendation, writing
an essay, and participating in an interview process. If you wish
to be a page, contact your states congressional members to
request a nomination.
73
which may be accepted in identical form by both chambers of Congress. The next section explains this process
in detail.
A motion to call a Conference Committee may be made
only by the chamber of Congress in possession of the legislation at the time of the motion (and this is not always
the House of Representatives). During initial review in the
Senate, the committee chairperson may recognize that
because of extensive amendments, the Senate version is
not likely to pass the House as is. In this case, the Senate
majority leader, on submitting the engrossed bill to the
House, may motion to call a Conference Committee, thus
placing negotiation in the hands of the Conference Committee and disabling the House chairpersons option to
amend Senate amendments.
CONFERENCE COMMITTEE
Often referred to as the Third House of Congress, a
Conference Committee is itself a powerful legislative body
focused on advancing acts deadlocked between the Senate and the House of Representatives. After the second
chamber agrees to the requesting chambers motion for
a Conference Committee, the Speaker of the House and
Senate presiding officer select committee members to address the act under consideration. The conference may
convene a single time or conduct a series of meetings.
Once the conference comes to a compromise, it submits
its recommendation in the form of a report to both chambers of Congress, and the committee is dissolved.
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HOW A LAW IS PASSED
Although the Conference Committee meets as one entity, it is actually made up of two subgroups representing
the House and the Senate. Each body assigns a number of
its members (usually, 711) to the conference. Conference
Committee members are called managers or, more informally, conferees. The number of conferees in a subgroup
is not significant because when called upon to make a
decision on an amendment, the groups each vote with a
single voice. Conference members must work within their
group to come to a majority decision, which is then communicated as that congressional bodys united position
on the issue.
Because of the importance of Conference Committee decisions, the majority party leaders in each body (Speaker
of the House and Senate presiding officer) handpick the
conferees. Senior members of the committees that considered the act under its initial review in the House and
the Senate, such as the committee chairpersons and ranking members, are typically appointed, and chairpersons
may be advised by other chamber members on additional
members. When an act is of particular interest to the majority party, though, the party leaders are sure to assign
legislators whom they expect will promote an outcome
that is most beneficial to majority party interests.
The Conference Committee receives the engrossed act
and any further amendments. Seeking to eliminate disputes, the committee considers only controversial amendments. It may not alter sections agreed to by both chambers.
Any compromise the committee suggests must be germane
75
A 16-year-old girl and a 17-year-old boy listen to the floor

debate in the state senate chambers in Jackson, Mississippi.
Teenagers like this also serve as pages in the U.S. Congress;
their duties include preparing the chambers for each days
session and providing general assistance, like running documents between chambers and other government offices.
76
HOW A LAW IS PASSED
to the act, meaning it must not introduce new information. If an issue under dispute is a number (for example,
an amendment changed a 5 to a 10), the committee must
agree on a figure between 5 and 10. If an issue is in the
text, the amendment must be rewritten to the approval of
the conference without adding content nonexistent elsewhere in the document.
After the Conference Committee considers the engrossed
act, it reports to Congress its recommendation for advancement of the legislation. The conference addresses each disputed amendment based on the following four options:
1. The Senate recede from all (or certain of) its
amendments.
2. The House recede from its disagreement to all (or certain of) the Senate amendments and agree thereto.
3. The House recede from its disagreement to all (or certain of) the Senate amendments and agree thereto
with amendments.
4. The House recede from all (or certain of) its amendments to the Senate amendments or its amendments
to the Senate bill.
If the Conference Committee cannot agree on some
amendments, the report must include a statement explaining the conflicting recommendations. If, after a period of
20 calendar days and 10 legislative days, the conference
reaches no agreement at all, replacement conferees are
appointed to keep the negotiations moving forward. Once
77
complete, a majority of each conference group signs the

report, which is printed and distributed to each chamber
of Congress. The final report is a detailed document that
describes Conference Committee recommendations and
their impact on the legislation. This document is the basis
for final congressional consideration of the act.
FINAL CONSIDERATION
A Conference Committee report contains joint recommendations from the two bodies of Congress for reconciling amendments to an act that were not initially
agreed to by both chambers. If both bodies agree to the
recommendations, then the act takes the next step toward becoming law. The chambers consider the report
individually, beginning with the body that accepted the
Conference Committee request. In the House, the report
must be printed in the Congressional Record three calendar days prior to consideration to allow adequate preparation and debate. The Senate, which does not debate
conference reports prior to consideration, may address
the report immediately.
Conference report consideration is a high priority in
both houses. Once available for consideration in the
House or the Senate, the presiding officer typically addresses the report as the next order of business. Debate
in the House is limited to one hour, equally divided between the majority and minority parties. If the House
floor managers for each party agree in their support of
the report, then any opposing members may represent
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HOW A LAW IS PASSED
the dissenting position for one-third of the allotted debate time. A conference report may not be amended during consideration; following debate, the chamber votes
on adoption of the report as is.
If the first chamber to act on the conference report votes
to reject its recommendations, then the report returns to
the Conference Committee for further negotiation. If the
chamber accepts the report, however, the official papers
are submitted to the second body for consideration. Following approval, the first chambers group of conferees officially disbands, having fulfilled its duty. If the second
chamber votes to accept the report, then the act has passed
Congress and is prepared for presidential action. Because
the first chamber disbanded its conferees, if rejected by
the second chamber, the act cannot be recommitted to
conference, so a motion is made for a new Conference
Committee to consider the act.
If a report under consideration includes conflicting recommendations, then after voting on the report, the chambers must vote on each disputed amendment. If the voting
body submitted an amendment in question, that chamber
may withdraw the amendment to resolve the issue. If the
other body submitted the amendment, the voting body may
accept or amend the amendment and hope the other body
accepts the change. If the chambers still cannot agree, the
entire Conference Committee process begins again. It is
possible that the congressional session may end while an
act is under consideration. If this happens, then the legislation dies and must be reintroduced in the next session.
79
In the most typical scenario, both chambers of Congress

accept the Conference Committee report, thus passing the
act in identical form in each house. With this milestone
met, all original papers generated during the legislative
process are delivered to the originating chamber of Congress and submitted to the enrolling clerk. The enrolling
clerk prepares a clean version of the approved act in its
final form and submits the document to the Government
Printing Office, which prepares on parchment the official
legislation for presidential action. At the close of the congressional session, all original papers are filed in the National Archives.
When you consider the various checks and balances
available to lawmakers during the final approval stage,
you begin to understand the intricacies of the legislative process. This complexity ensures that any legislation reaching the Presidents desk has been very carefully
considered from multiple perspectivesshould it become
law, it will be as fair as possible to the American people.
On the other hand, the entire process can be simple, particularly when the same majority party with shared priorities leads both chambers. It is important to note that
Congress submits legislation for presidential action as a
recommendation. The president, too, plays a powerful role
in passing new laws.
8
Presidential
Action
P
residential action takes place at the end of the process

by which a bill passes into law, but the presidents
influence can be felt all along the way. At the beginning

of each calendar year, the president stands before both
chambers of Congress as a whole to deliver the State of the
Union address. The address usually includes a look back
at Americas progress over the previous 12 months and
a look forward, outlining presidential expectations from
Congress in the coming year. During this speech, the president asks Congress to introduce and pass what he envisions
as the legislation of greatest importance to the nation.
Throughout the legislative process, the president may
attempt to persuade members of Congress to vote in
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PRESIDENTIAL ACTION
81
support of bills on his or her agenda. One tactic the president uses to sway a legislators vote is federal funds allocation. For example, a representative who provides the
president with a key vote may in turn be granted finances
to support a vital program for his or her constituents.
When the president and congressional majorities are of
the same political party, they can partner to deliver a unified agenda. Historically, this has rarely been the case,
making presidential action another procedural check
and balance.
LEGISLATIVE OPTIONS
Traditionally, the enrolled act is signed first by the
Speaker of the House and then by the president of the
Senate (the vice president, if available, or the president
pro tempore). After these signatures are obtained, the
act returns to the chamber of its origin, where either the
House clerk or secretary of the Senate submits the document to the White House. On receipt of the act by a
White House clerk, the president has 10 days in which to
take action. During this time, the president may have the
act distributed to cabinet members who oversee related
departments for their advisement.
If the president agrees with the act in its submitted form,
he may pass it into law simply by signing and dating the
document. A messenger communicates the news to the
House and Senate chambers, and the signed document is
delivered to the archivist of the United States, where the
new law receives an official number. Laws are designated
82
HOW A LAW IS PASSED
President Lyndon Johnson signs into law the Civil Rights Act
of 1964. The president plays an integral role in lawmaking;
each law requires his or her signature before it is considered
to be official.
by their private or public status, the congressional session,

and the order in which they passed. For example, the first
public law passed in the 109th Congress is numbered Public Law 109-1, the second is Public Law 109-2, and so on.
PRESIDENTIAL ACTION
83
If the president disagrees with an enrolled act, he may

refuse to sign it and instead veto the act or simply ignore it.
A veto is a complete rejection of the act. Rather than signing the act into law, the president returns it to Congress
with a veto message, which communicates the reasons
why he or she did not sign the law. Often, the president is
well aware of legislation under consideration in Congress,
and if he or she disagrees with an act, Congress may be
informed of plans for a presidential veto. This threat of
veto can influence legislators to address the presidents
concerns prior to submitting the act.
An act vetoed by the president and retuned to Congress is not necessarily dead. Congress has the power
to overturn a veto. If both chambers of Congress vote to
accept the act by two-thirds majorities, the act becomes
law without the presidents signature. Then, the new law
bypasses a second presidential action and is submitted
to the archivist. If the act does not receive the required
two-thirds majority in each chamber, however, it may be
resubmitted for committee consideration to amend the
sections disagreed to by the president. The act must be
approved once again by both houses in identical form before resubmitting to the president.
If the president chooses to ignore an enrolled act, his or
her inaction does not halt the process. By not taking direct
action on a bill, the president is in effect passively taking
action. From the time a White House clerk receives the
act, the president has a 10-day deadline in which to either
sign or veto the legislation. If the 10-day period expires
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HOW A LAW IS PASSED
before the president takes action, the act automatically

becomes law without the presidents signature. Typically,
the president allows this to happen when he or she does
not personally agree with the legislation, but the act has
LINE-ITEM VETO
For a brief period between 1997 and 1998, the president had
an additional legislative option called the line-item veto. The
line-item veto, which is used by many governors when addressing state legislation, enabled then-president Bill Clinton
to consider an act line by line and to cancel certain elements
with which he did not agree. President Clinton would then sign
the act into law and return the deleted sections to Congress,
which could vote to overturn the presidents decisions just as it
would with a standard veto. The line-item veto, as defined, limited the presidents power so that he could cancel only certain
types of fiscal items.
The purpose of the line-item veto was to enable the President to eliminate region-specific (also known as pork barrel)
benefits from national laws. President Bill Clinton (19922000)
was the only president to employ the line-item veto, which he
used 11 times during its existence to cancel 82 items. On
June 25, 1998, in the case of Clinton v. City of New York, the
U.S. Supreme Court ruled the line-item veto unconstitutional,
thus eliminating the option. It is interesting to note that in 1861,
secessionists wrote similar presidential power into the Constitution of the Confederate States of America.
PRESIDENTIAL ACTION
85
enough public support that vetoing it would reflect poorly

on the presidents popularity.
Unresolved bills do not carry over from one congressional
session to the next, so an act received by the White House
with fewer than 10 days remaining in the session is in a
perilous position. Under this circumstance, if the president
disagrees with the act, he can actually kill the legislation
by taking no actionthis is known as a pocket veto. The
president does not sign the act. It is not vetoed, so Congress
cannot overturn the decision, and as the session expires,
the legislation dies. In order to submit an identical act, Congress must start from scratch during its next session.
COMMUNICATION AND ENFORCEMENT

Whether enacted into law by the presidents signature,
congressional override of a veto, or 10-day period expiration, the new law receives its official number from the
archivist of the United States, and is ready for publication. In an effort to communicate new laws as quickly
and effectively as possible, the government publishes
the legislation in three variations: slip laws, United States
Statutes at Large, and United States Code. These formats
are not direct channels to the general public, however,
so we typically rely on the media, our local officials, or
government resources such as the Library of Congress to
follow legislative updates.
Prepared by the Office of the Federal Register, National
Archives and Records Administration, within a few days of
its enactment, the slip law is typically the first publication
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HOW A LAW IS PASSED
of a new law. The slip law is a document that contains

the complete text of the law along with a comprehensive
list of facts (including dates the bill passed each chamber
of Congress, which committees considered the legislation,
and its inclusion in the Congressional Record) chronicling
SIGNING STATEMENTS
During presidential action, when the president signs an act, he
or she may attach a message known as a signing statement.
Originally, the signing statement was designed to be a brief interpretation of the presidents expected outcome of the law, an
advisory note to the presidents staff on enforcement, or a concern about the laws constitutionality. Any of these statements
are valid; however, it is the judiciarys role to determine the constitutionality of our laws in practice. Things get tricky when the
president believes a law to be unconstitutional and pledges in
his signing statement not to enforce certain sections.
The signing statement was first used by President James
Monroe (18171825). By 1980, only 75 total signing statements
had been issued. Use and influence of these often-controversial
notes have increased dramatically during recent administrations,
however. Today, signing statements are added to a laws legislative history for consultation during judicial interpretation. As of
2006, President George W. Bush (20002008) had personally
issued more than 130 signing statements, identifying 750 unconstitutional elements in acts he signed into law. Signing statements, it seems, have replaced the line-item veto as a tactic for
customizing laws to a presidents demands.
PRESIDENTIAL ACTION
87
Supreme Court justice Felix Frankfurter holds a book of statutes in his office in this 1957 photograph. The U.S. Statutes
at Large contain the full text of every law, public and private,
ever passed by the U.S. government.
its legislative history. Copies of the slip law are available

to officials and the public through the document rooms of
either house of Congress or directly from the Government
Printing Office.
First printed in 1845, the United States Statutes at Large
is a series of large, hardbound volumes that contains the
full text of every law, public and private, ever passed by the
U.S. government. At the end of each session of Congress,
a new volume is added to the series, which includes all
laws passed during the session, in the order in which they
were enacted. When a new law is added to the Statutes at
88
HOW A LAW IS PASSED
Large, its entry includes notes identifying precedent-setting

legislation and cross references for simple location of relevant laws elsewhere in the Statutes at Large.
The United States Code contains all public laws in a
condensed format, organized by title and section. This is
the law resource used most frequently by officials who reference public laws on a daily basis. A new law is codified
by the addition of numbers that refer to the corresponding title and section of the U.S. Code. These reference
numbers then appear in the margins of the slip law and
the Statutes at Large. The Law Revision Counsel of the
House of Representatives publishes a new edition of the
U.S. Code every six years, and a supplement featuring
new laws passed during the term is released after each
congressional session. In order to be effective, new laws
must be simultaneously communicated to all levels of society. Judges who preside over the relevant area of law
must become familiar enough with its text and history
to interpret the laws intent and apply broad legislation
to specific cases. Law enforcement agencies with jurisdiction over the particular law must be prepared to recognize
an abuse of it and identify exactly which section of the
U.S. Code is in violation, sometimes under highly stressful circumstances. Finally, the general public must be informed to know how to function within the boundaries of
the law.
Upon enactment of a new federal law and communication through the various official channels, the law becomes the responsibility of the third branch of the U.S.
government: the judiciary. The U.S. Supreme Court, the
PRESIDENTIAL ACTION
89
Above is a view of the U.S. Supreme Court building, where

the eight associate justices and the chief justice conduct their
day-to-day business. The Supreme Court has an important
role regarding the lawwhen a law is challenged, it is up to
the Court to determine if the law at issue is constitutional.
court of appeals, and district courts have jurisdiction over

federal laws. Judges who preside over these courts must
be nominated by the president and confirmed by the Senate. The courts enforce laws based on constitutionality,
but judges continually apply new thinking and precedentsetting legislation to interpret laws based on the standards
of the day. A law may be changed or repealed only through
the legislative process.
CONCLUSION
Existing laws are constantly challenged by the changing
times, from shifting public priorities to emerging technologies. Music copyright laws are a perfect example. Congress
90
HOW A LAW IS PASSED
passed its first music copyright laws in the 1800sprior to

the existence of the recording industryto protect songwriters rights to sheet music. The recording industry emerged
PUBLIC LAW CODES
Every public law is coded under one of the following categories:

Title 1 General Provisions
Title 13 Census
Title 2 The Congress
Title 14 Coast Guard
Title 3 The President
Title 15 Commerce and Trade
Title 4 Flag and Seal, Seat

of Government,
and the States
Title 16 Conservation
Title 5 Government
Organization and
Employees
Title 17 Copyrights
Title 6 Domestic Security
Title 18 Crimes and Criminal

Procedure
Title 7 Agriculture
Title 19 Custom Duties
Title 8 Aliens and

Nationality
Title 20 Education
Title 9 Arbitration
Title 21 Food and Drugs
Title 10 Armed Forces
Title 22 Foreign Relations

and Intercourse
Title 11 Bankruptcy
Title 23 Highways
Title 12 Banks and Banking
Title 24 Hospitals and

Asylums
Title 25 Indians
PRESIDENTIAL ACTION
91
in the twentieth century, and copyright laws evolved to take

into consideration recorded music for purchase and broadcast. Today, in the twenty-first century, Congress struggles
Title 26 Internal Revenue Code Title 38 Veterans Benefits

Title 39 Postal Service
Title 27 Intoxicating Liquors
Title 28 Judiciary and Judicial
Procedure
Title 40 Public Buildings, Property, and Works
Title 29 Labor
Title 41 Public Contracts
Title 30 Mineral Lands and

Mining
Title 42 The Public Health and

Welfare
Title 31 Money and Finance
Title 43 Public Lands
Title 32 National Guard
Title 44 Public Printing and

Documents
Title 33 Navigation and

Navigable Waters
Title 45 Railroads
Title 34 Navy (repealed)
Title 46 Shipping
Title 35 Patents
Title 47 Telegraphs,
Telephones, and
Radiotelegraphs
Title 36 Patriotic Societies and Title 48 Territories and Insular

Possessions
Observances
Title 37 Pay and Allowances
of the Uniformed
Services
Title 49 Transportation
Title 50 War and National

Defense
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HOW A LAW IS PASSED
to adapt music copyright laws to a landscape encompassing everything from digital downloads to satellite radio to
ring tones for your mobile phone.
The U.S. governments procedure for creating, amending, and passing new laws, however, remains constant.
When the process is respected and adhered to by all
parties, it is a near flawless system: checks and balances
across three branches of government; equal representation of the people, with opportunities for participation by
engaged citizens; meticulous consideration and spirited
debate over new legislation; and a Constitution against
which to appraise new laws as they apply to specific situations. The process has been sturdy enough to serve as our
countrys cornerstone for more than two centuries and is
flexible enough to carry us confidently into the future.
glossary
amendment A proposal to alter the text of a pending
bill or other measure by striking out some of it, by
inserting new language, or both. Before an amendment
becomes part of the measure, the Senate or House
must agree to it.
clean bill After a committee has amended legislation,
the chairman may be authorized by the panel to
assemble the changes and what remains unchanged
from the original bill and then reintroduce everything
as a clean bill. A clean bill may expedite Senate or
House action by avoiding separate floor consideration
of each amendment.
Congressional Record The substantially verbatim
account of daily proceedings on the Senate or House
floor. It is printed for each calendar day Congress
is in session. At the back of each daily issue is the
Daily Digest, which summarizes the days floor and
committee activities.
consideration To call up or lay down a bill or
other measure on the Senate or House floor is to place
it before the full chamber for consideration, including
debate, amendment, and voting.
93
94
GLOSSARY
engrossed bill The official copy of a bill or joint

resolution passed by the Senate or House and certified
by the Secretary of the Senate or House Clerk.
enrolled bill The final copy of a bill or joint resolution
that has passed both chambers in identical form. It is
printed on parchment paper, signed by appropriate
House and Senate officials, and submitted to the
President for signing.
floor Action on the floor is that which occurs as part
of a formal session of a full chamber. An action from
the floor is one taken by a senator or representative
during a session of Congress. A senator or representative
who has been recognized to speak by the chair is said
to have the floor.
legislative day A day that begins when the
chamber meets after an adjournment and ends when
the chamber next adjourns. Hence, a legislative day
may extend over several calendar days or even weeks
and months.
override of a veto The process by which each chamber
of Congress votes on a bill vetoed by the President.
To pass a bill over the Presidents objections requires
a two-thirds vote in each chamber. Historically,
Congress has overridden fewer than 10 percent of all
presidential vetoes.
pocket veto The Constitution grants the President 10
days to review a measure passed by the Congress. If
the President has not signed the bill after 10 days,
it becomes law without his signature. If Congress
adjourns during the 10-day period, however, the bill
does not become law, a result known as a pocket veto.
GLOSSARY
95
president pro tempore A constitutionally recognized

officer of the Senate who presides over the chamber in
the absence of the vice president. The president pro
tempore (or, president for a time) is elected by the
Senate and is, by custom, the senator of the majority
party with the longest record of continuous service.
private law A private bill enacted into law. Private laws
have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
public law A public bill or joint resolution that has
passed both chambers and been enacted into law.
Public laws have general applicability nationwide.
quorum The number of members that must be present
for the Senate or House to do business. The Constitution requires a majority of senators (51) or representatives (218) for a quorum. Often, fewer members
are actually present on the floor, but the chamber
presumes that a quorum is present unless the contrary
is shown by a roll call vote or quorum call.
select or special committee A committee established
for a limited time period to perform a particular study
or investigation. These committees might be given or
denied authority to report legislation to the Senate
or House.
slip law A few days after a law has been enacted, it
is officially published first as a slip law. Slip laws are
unbound and printed on one or a few pages of paper.
standing committee Permanent committees established under the standing rules of the Senate or House
and specializing in the consideration of particular
subject areas.
96
GLOSSARY
United States Statutes at Large A chronological listing of the laws enacted each congressional section.
They are published in volumes numbered by Congress.
veto The procedure established under the Constitution
by which the president refuses to approve a bill or joint
resolution and thus prevents its enactment into law.
A regular veto occurs when the president returns the
legislation to the chamber in which it originated. The
President usually returns a vetoed bill with a message
indicating his or her reasons for rejecting the measure.
The veto can be overridden by a two-thirds vote in
both the Senate and the House.
yield When a senator or representative who has been
recognized to speak yields to another, he or she
permits the other to speak but still retains the floor.
bibliography
Baker, Ross K. House and Senate. 3rd ed. New York: W.W.
Norton, 2000.
Dove, Robert B. Enactment of a Law. Washington, D.C.: U.S.
Government Printing Office, 2005.
Heineman, Robert A., Steven A. Peterson, and Thomas H.
Rasmussen. American Government. 2nd ed. New York:
McGraw-Hill, 1995.
Johnson, Charles W. How Our Laws Are Made. Washington,
D.C.: U.S. Government Printing Office, 2003.
Koenig, Louis William. Congress and the President: Official
Makers of Public Policy. Chicago: Scott Foresman, 1965.
McKay, David H. Essentials of American Government. Boulder,
Colo.: Westview Press, 2000.
Want, Robert S. How Federal Laws Are Made. 3rd ed. Washington, D.C.: Want Pub, 1996.
97
further reading
Bernstein, Richard B., and Jerome Agel. The Congress (Into the
Third Century). New York: Walker, 1989.
Jordan, Terry L. The U.S. Constitution: And Fascinating Facts
About It. Naperville, Ill.: Oak Hill, 1999.
Ragsdale, Bruce A. The House of Representatives. New York:
Chelsea House, 1989.
Ritchie, Donald A. The Congress of the United States: A Student Companion. 2nd ed. New York: Oxford University
Press, 2001.
. The Senate. New York: Chelsea House, 1988.
Web Sites
The Library of Congress
http://www.loc.gov/index.html
U.S. Government Printing Office
http://www.gpo.gov/
U.S. House of Representatives
http://www.house.gov/
U.S. Senate
http://www.senate.gov/
98
picture credits
PAGE:
8
AP Images/Pablo Martinez Monsivais
12
SMGraphics
14
AP Images/Dennis Cook
18
Library of Congress, cph-3c22318
26
Library of Congress, ppmsca 08442
31
Getty Images
33
Time & Life Pictures/Getty Images
38
Library of Congress, cph 3b15544
42
AP Images/Lawrence Jackson
49
AP Images/Pablo Martinez Monsivais
53
AP Images
56
Library of Congress, cph-19611
62
AP Images/Jeff Gentner
66
AP Images/Dennis Cook
75
AP Images/Rogelio Solis
82
AP Images
87
AP Images
89
AP Images/Stephen J. Boitano
cover
Getty Images News/Getty Images
99
index
B
Bill
amendments, 4143, 45, 5055, 5961,
63, 6870, 7374, 7678
approvals, 9, 29, 40, 68, 70, 80
clean, 43
companion, 32, 61
compromise, 37, 40, 7374
death, 36, 41, 78, 83, 85
drafting, 25, 2728, 31, 40, 43, 54, 60
format of, 28
introduction, 9, 1920, 29, 32, 36, 47,
59, 69
local impact, 29
merits, 31, 39
modifications, 40
numbering, 8182
preparation, 2425
private, 25, 48, 50, 82, 87
progress, 35, 48, 5657, 5960, 6970, 84
public, 25, 48, 5051, 82, 87, 90
signing, 30, 52
supporters, 81
unresolved, 85
Bush, George W.
administration, 7, 9, 86
C
Calendar of Business, 63
Campaigns
funding, 34
Candidates
platforms, 27
Census, 11
Clinton, Bill, 84
Clinton v. City of New York, 84
Commerce, U.S. Department of, 8
Committee on Rules, 50
Committee of the Whole House on the State
of the Union
functions, 5254, 64, 7071
Conference Committee
decisions, 74
final consideration, 7779
purpose of, 7174, 7677

reports, 7679
Congress (legislative branch), 10
functions, 13, 80, 8283, 86, 91
high school students in, 72
legislation introduction, 2832
organization of, 1023
pages, 72
political parties in, 13
responsibilities, 24
Congressional committees, 11, 19
assignments, 13, 3235, 37, 43, 47, 55,
57, 6061
bypassing, 41
chairpersons, 3435, 4043, 46, 50,
7071, 7374
consideration by, 3646, 83
examples, 22
hearings, 3740
membership, 2122, 3738, 40, 42,
4546, 51, 61, 71, 7374
public hearings, 37, 69
purpose, 36
recommendations, 44
report, 9, 4448, 55
rules, 39
special (select), 21, 23, 36, 48
standing, 9, 2023, 32, 34, 43, 50, 52,
6061, 7071
votes, 42, 4445
Congressional Record
information in, 3233, 41, 52, 67,
77, 86
Constitution, 84
articles, 11, 15, 24
interpretation of, 86, 89, 92
rights and responsibilities, 10, 13, 17, 23
Copyright laws, 8992
D
Democratic Party, 16
Democratic Policy Committee, 65
Dot Kids Implementation and Efficiency
Act, 7, 9
100
INDEX
E
Executive branch, 10
offices, 37
responsibilities, 28
Library of Congress, 85
Lobbyists
and campaigns, 34
guidelines, 27
and legislation, 2728, 41
G
General Accounting Office, 37
Government, 9
branches, 10, 88, 92
checks and balances, 1516
founding fathers, 19, 60
Government Printing Office, 46, 79, 87
H
House Calendar, 48, 5051, 55
House of Representatives
clerk, 30, 51, 54, 79, 81
constituents, 12, 15, 19, 5759
debates, 5053, 69, 77
final review, 68
floor, 29, 41, 46, 48, 5054, 57, 77
functions, 13, 2324, 46, 5960,
6264, 88
initial action, 9, 13, 15, 4759
members, 9, 1113, 1516, 19, 21, 25,
2830, 32, 34, 39, 48, 5058, 6061,
64, 69, 7174, 76
order of business, 4748, 5051
quorum, 54
return to, 9, 7073
voting process, 5458, 6869, 71
I
Immigration rights
legislation, 25
J
Jefferson, Thomas
A Manual of Parliamentary Practice,
35, 59
Joint resolutions
introduction, 25, 29
Judicial branch, 10, 8889
L
Law enforcement agencies, 88
Law Revision Counsel, 88
Legislation
communication and enforcement,
8589
contributors of, 2728, 81
final approval, 9, 11, 13, 17, 6979
history, 46, 8687
introducing new, 911, 13, 15, 1920,
2435
introduction to Congress, 11, 2832,
3940
markup, 4044
options, 8185
origin of, 25, 2728, 51, 56, 63
101
M
Manual of Parliamentary Practice, A
(Jefferson), 35, 59
Medical
legislation, 25, 51
Military
and war, 24
Monroe, James, 86
N
National Archives and Records
Administration, 79, 85
National security, 38, 51
National Telecommunications and
Information Administration
(NTIA), 89
NTIA. See National Telecommunications
and Information Administration
O
Office of the Federal Register, 85
P
Pork barrel, 84
President
action and legislation, 9, 2728, 68,
71, 7992
cabinet, 24, 37, 81
constituents, 81
ignoring the act, 83
impeachments, 24
line-item veto, 84, 86
nominations, 24, 89
pocket veto, 85
popularity, 85
signing statements, 81, 83, 8586
timing, 81, 8384
veto, 81, 83, 85
President pro tempore, 17, 81
Private calendar, 48, 50
Public law codes, 9091
Q
Quorum, 54, 64, 68
R
Republican Legislative Scheduling
Office, 65
Republican Party, 16
Resident commissioner
and delegates, 29
Revenue legislation
raising and apportioning, 13,
48, 50
102
INDEX
S
Senate
age requirements, 19
calendar, 31, 35, 6164
chamber, 6265
clerk, 30, 81
constituents, 15, 19
debates, 5960, 6667, 69, 7778
floor consideration, 41, 46, 59, 60,
63, 6569
functions, 13, 15, 17, 19, 23, 46, 60,
63, 6566, 89
influence in, 17, 19, 63
members, 11, 1516, 19, 21, 2829,
39, 5961, 6364, 7174, 76
president of, 17, 81
referral to, 47, 6062
review, 9, 30, 32, 5968
system of lights and bells, 64
terms, 17
voting, 59, 6465, 68, 70, 78
Senate majority leader
roles of, 1617, 6365, 81
Senate minority leader, 17
Shimkus, John, 9
Slip law, 8687
Speaker of the House

roles of, 13, 1617, 48, 5055, 57, 63,
71, 7374, 81
State of the Union address, 27, 80
Supreme Court, 24, 84, 88
T
Tax Reform Act (1986)
Thurmond, Strom, 67
Two-party system, 16
U
Union calendar, 48, 5051, 55
United States Code, 85, 88
United States Statutes at Large, 85,
8788
V
Vice President
and the Senate, 17, 81
W
Washington D.C., 72
capital in, 13
White House
clerk, 8
about the author

BILL SCHEPPLER is an award-winning nonfiction author who has written on a broad array of subjects, from
the Ironman Triathlon to the Mississippi Burning Trial of
1967. He has a keen interest in United States history and
government. Scheppler, who holds a bachelors degree in
history, currently writes and resides in the San Francisco
Bay Area with his wife and their daughter.
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How a Law Is Passed

Chelsea House books are available at special discounts when purchased in

There Oughta Be a Law . . . . . . . . . . . 7

How Congress Is Organized . . . . . . . . 10

Introducing New Legislation

Initial House Action . . . . . . . . . . . . . 47

Final Congressional Approval . . . . . . . 69

here ought to be a law requiring a new section of the

HOW A LAW IS PASSED

President George W. Bush (sitting) signed into law new

organization called the National Telecommunications

THERE OUGHTA BE A LAW

How did the Dot Kids Implementation and Efficiency

he United States federal government is made up of

HOW CONGRESS IS ORGANIZED

As established by Article I of the Constitution, Congress

THE HOUSE OF REPRESENTATIVES

HOW A LAW IS PASSED

The chart above shows the different branches of government,

districts, ensuring that each member represents a similar

HOW CONGRESS IS ORGANIZED

does not necessarily translate to greater power for a state,

HOW A LAW IS PASSED

The Capitol building in Washington, D.C., holds both houses

HOW CONGRESS IS ORGANIZED

HOW A LAW IS PASSED

THE TWO-PARTY SYSTEM

HOW CONGRESS IS ORGANIZED

serve six-year terms, though, only one-third of Senate

HOW A LAW IS PASSED

Above is a drawing of the Senate chamber within the Capitol

HOW CONGRESS IS ORGANIZED

the power to set the legislative agenda, schedule debates

HOW A LAW IS PASSED

The vast majority of new bills are addressed by standing

STANDING COMMITTEES IN THE 109TH CONGRESS

Agriculture, Nutrition, and

Banking, Housing, and Urban

Education and the Workforce

Energy and Commerce

Commerce, Science, and

Energy and Natural

Environment and Public Works

HOW CONGRESS IS ORGANIZED

If new legislation is introduced and it does not fall under

Health, Education, Labor, and

Homeland Security and

Rules and Administration

Small Business and

Standards of Official Conduct

HOW A LAW IS PASSED

which oversees the administration of justice, is composed

EXAMPLES OF COMMITTEES AND

Commercial and Administrative Law

Banking, Housing, and

Courts, the Internet, and

Crime, Terrorism, and

International Trade and

HOW CONGRESS IS ORGANIZED

Standing and select committees are further divided into

ongress undertakes a wide variety of responsibilities